'Negligence' in document 'Montenegro - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Culpability

Article 13
(1) Considered to be guilty of a criminal offence shall be a perpetrator who is of sound mind and who acted with wrongful intent, and was aware or was obliged to be aware or could have been aware that his act was prohibited.

(2) A perpetrator may be considered guilty of a criminal offence committed by negligence only where so provided by law.

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Negligence

Article 16
A criminal offence shall be considered to have been committed by negligence when the perpetrator was aware that his action may result in an offence but carelessly assumed that it would not occur or that he could prevent it if it occurred, or when he was not aware that with his act he may commit an offence although given the circumstances under which the offence was committed and his personal capacity he should have been aware or could have been aware of this possibility.